News & Analysis as of

GHG Auction

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

by Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

CA Court of Appeal’s Split Decision Upholds CARB Cap-and-Trade Program

by Perkins Coie on

In a 2-1 decision, the California Court of Appeal, Third Appellate District, upheld the California Air Resource Board’s cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air...more

CARB Wins Again on Cap-and-Trade, But Is It Really in Any Danger of Losing?

by Stoel Rives LLP on

As the sands shift on federal climate change policy, California’s cap-and-trade program survives to fight another day. Yesterday, a California Court of Appeal upheld the program because it does not impose a tax subject to...more

GHG Allowance Auctions are Not a Tax; Key Element of State’s Cap-and-Trade Program Upheld

California Chamber of Commerce, et al. v. California Air Resources Board, et al., Case No. C075930 (Cal. Ct. App. 3d. Dist., 2017). On April 6, the California Court of Appeal for the Third District issued its...more

Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears...

by Nossaman LLP on

A three-judge panel of the California Court of Appeal for the Third District heard oral argument last week in the longstanding companion cases challenging the legality of AB 32’s cap and trade auctions. California Chamber of...more

UK Electricity Market Reform: How far have we come?

by White & Case LLP on

In this note (part 3 of a series) we reflect on the Government’s continuing implementation of Electricity Market Reform (EMR), highlight key developments in 2015 and Q1 and Q2 2016, and outline EMR milestones we expect to...more

Energy & Environment Update - February 2016 #3

ENERGY AND CLIMATE DEBATE - Congress returns this week following the President’s Day holiday, and the death of Supreme Court Justice Antonin Scalia on February 13 has set the stage for a contentious nomination battle in...more

How to Fix Your GHG Analysis After the California Supreme Court’s Newhall Ranch Decision

by Stoel Rives LLP on

My colleague, Michael Sherman, posted yesterday about two issues decided in the California Supreme Court’s decision in Center for Biological Diversity v. California Department of Fish and Wildlife. Today, I’ll address the...more

EPA Oil and Gas GHG and Source Aggregation Rules Coming Soon

by Stinson Leonard Street on

Soon the Environmental Protection Agency will propose greenhouse gas (GHG) regulations for the oil and gas industry sector. The White House Office of Management & Budget (OMB) has begun formal review of an EPA proposal to cut...more

California's Cap and Trade Program Goes to Court Again

The other shoe finally dropped. The much-speculated and much-anticipated “tax vs. fee” AB 32 Cap and Trade lawsuit has finally been filed. A diverse coalition of businesses and trade groups filed a lawsuit in a state superior...more

Energy And Environment Update -- March 4, 2013

by Mintz Levin on

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Energy; Environmental Protection Agency; Interior Department; Department of Agriculture; Department of State; Treasury Department;...more

California Cap and Trade Auction #2 Results

Last week, the California Air Resources Board (CARB) held its second Cap and Trade Allowance Auction (auction) of the program, and the first one since carbon obligations started accruing January 1 for compliance entities. ...more

California GHG Auction: Some Anecdotal Evidence of the Cost of Regulatory Uncertainty?

The California Air Resources Board just released the results of its second auction of GHG allowances. While the auction for vintage 2013 allowances was still healthy, with all allowances sold at $13.62/allowance, the future...more

Greenhouse Gas Allowance Auction Revenues Possibly On Track to be Returned to Utility Customers

by Nossaman LLP on

On December 20, 2012, the California Public Utilities Commission ("CPUC") issued a decision directing the allocation of revenues generated by the investor-owned utilities' auctioning of greenhouse gas ("GHG") allowances...more

What Will It Cost for California to Save the World? California Conducts its First Greenhouse Gas Cap-and-Trade Auction

The landmark Global Warming Solutions Act of 2006 (“AB 32”) tasked the California Air Resources Board (“ARB”) with reducing greenhouse gas (“GHG”) emissions to 1990 levels by 2020. In adopting a scoping plan assembling a...more

Washington Energy Update - October/November 2012

by White & Case LLP on

In This Issue: - When Energy and Antitrust Worlds Collide — Sixth Circuit Rules That Filed-Rate Doctrine Did Not Bar Price Discrimination Claim Against Electric Utility - California Cap-and-Trade Scheme -...more

California Environmental Law and Policy Update - November 30, 2012

by Allen Matkins on

In This Issue: Environmental and Policy Focus - California's first carbon-credit auction raises $290 million; L.A. County proposes water fee on all parcels to clean up storm water; EPA strengthens water quality...more

California Auctions Initial Greenhouse Gas Allowances under AB 32 Cap and Trade Program

On November 14, 2012, the California Air Resources Board (ARB) held the first auction for greenhouse gas (GHG) emission allowances under the state's pioneering cap and trade program. More than 70 entities participated in the...more

Call It a Win: Californa's First GHG Auction Sells Out

At California’s inaugural auction of greenhouse gas allowances last week, bidders bought all 23.1 million allowances for 2013 emissions sold at $10.09 per ton, a few significant cents above the floor price of $10. The price...more

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